In the case of Kanawha & Michigan Railway Company v. Kerse, Administrator of Barry (1915), the U.S Supreme Court was tasked with determining whether a railway company could be held liable for injuries sustained by an employee who fell from a moving train. The plaintiff argued that the defendant had failed to provide safe working conditions, while the defendant maintained that it was not responsible as there were no specific safety regulations in place at that time regarding such incidents. The court ruled in favor of the railway company, stating that employers are not obligated to ensure absolute safety and cannot foresee every possible accident or danger their employees might encounter during work hours. It further stated that workers must also take reasonable precautions for their own safety and bear some responsibility for any accidents they may experience on duty due to negligence or carelessness.

In the dissenting opinion for Kanawha & Michigan Railway Company v. Kerse, it was argued that the court erred in its decision to hold the railway company liable for damages resulting from an accident involving one of their employees. The dissenting justices contended that there was no evidence presented during trial proving negligence on part of the railway company or showing a direct link between any alleged negligence and injury sustained by Barry, who died as a result of his injuries. They further asserted that Barry had assumed risk associated with his employment when he accepted his job at the railroad and therefore should not be entitled to compensation for injuries incurred while performing said job. Additionally, they disagreed with majority's interpretation of federal safety laws applicable to railroads, arguing these were intended primarily to protect passengers rather than employees like Barry.